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(영문) 부산지방법원 2017.04.21 2016노4774
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant was guilty of the facts charged in this case, even though he did not assault the victim by pushing the victim's chest and cutting down the lower her chest, the lower court found the Defendant guilty of the facts charged in this case. The lower court erred by misapprehending the facts and affecting the conclusion of the judgment.

B. The punishment sentenced by the lower court (the penalty amount of KRW 500,000) is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly admitted and examined by the court below as to the assertion of mistake of facts, the fact that the defendant assaulted the victim by strokeing the victim's chests on three occasions, while the defendant was in a dispute with the victim at the time and place as indicated in the judgment of the court below, can be sufficiently recognized.

Therefore, the defendant's above assertion is without merit.

B. It is recognized that the Defendant has no particular criminal history, in addition to the punishment of a fine of KRW 700,000 for a violation of the Juvenile Protection Act in 2001.

However, considering the Defendant’s age, sexual conduct, environment, motive, means and consequence of the instant crime, etc., the sentence of the lower court is too unreasonable, in light of the following factors: (a) the Defendant did not appear to have avoided and reflect the Defendant’s criminal conduct; (b) the Defendant did not receive a letter from the victim; and (c) there was no change of circumstances that may otherwise determine the Defendant’s age and punishment; and (d) the Defendant’s motive, means and consequence of the instant crime; and (c) the circumstances after the instant crime were committed.

Therefore, the defendant's above assertion is without merit.

3. As such, the Defendant’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the grounds that it is without merit. It is so decided as per Disposition (Article 364(4) of the Criminal Procedure Act on the ground that the Defendant’s appeal is dismissed. However, among the judgment below, the “victim G(55) A” of the 3 criminal act in order to be “victim G (55 years old)” is a clerical error in the victim G (55 years old). The application of the statute is obvious that the “Article 70 of the Criminal Act” following the “Article 70 of the Criminal Act” of the detention in the

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